European Commission calls on five Member States to to fully transpose rules on hate speech and hate crimes

The European Commission decided  to send letters of formal notice to Belgium, Bulgaria, Finland, Poland, and Sweden as their national laws do not fully or accurately transpose EU rules on combating racism and xenophobia by means of criminal law, as provided by Framework Decision 2008/913/JHA.

The Framework Decision aims to ensure that serious manifestations of racism and xenophobia are punishable by effective, proportionate and dissuasive criminal penalties throughout the EU.

The Belgian and Bulgarian legal frameworks do not ensure that the racist and xenophobic motivation is taken into account by national courts as an aggravating factor for all crime committed, therefore failing to ensure hate crimes are effectively and adequately prosecuted.

In addition, Bulgaria has failed to transpose correctly the criminalisation of specific forms of hate speech, which incite violence or hatred, namely the public condoning, denial or gross trivialisation of international crimes and the Holocaust.

The Polish criminal legal framework fails to transpose correctly hate speech inciting to racist and xenophobic violence and restricts the scope of the criminalisation of incitement to hatred. Additionally, Poland has incorrectly transposed the criminalisation of specific forms of hate speech, by omitting the conduct of gross trivialisation of international crimes and the Holocaust and by restricting the criminalisation of the denial and condoning of those crimes only to cases where such crimes were committed against Polish citizens.

The Finnish and Swedish legislation incorrectly transpose hate speech inciting to violence and fail to criminalise hate speech when addressed to individual members of a group defined by reference to race, colour, religion, descent or national or ethnic origin. Furthermore, Finland and Sweden fail to criminalise the specific forms of hate speech, namely the public condoning, denial or gross trivialisation of international crimes and the Holocaust.

Finland has also failed to ensure that the criminal offences concerning racism and xenophobia can be investigated and prosecuted without a report or an accusation made by the victim.

Following the formal notice, the five countries have two months to reply to the points raised by the Commission.

Otherwise, the Commission may decide to send a reasoned opinion. The Commission sent letters of formal notice to Estonia and Romania on this matter in October 2020, and these cases remain open.

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